Tenant threatening to sue over wants mold inspection

General Landlording & Rental Properties
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Tenant threatening to sue over wants mold inspection

Doug S.
Chicago, IL · Member since 2012 · 22 posts · 3 votes

Hello BiggerPockets Forum,

I have tenants in my SFH rental property in Virginia that are giving me a headache. The basement, where one of the tenants is living, has had some minor flooding. I've spent several thousand to install a water barrier to prevent water from coming inside, replaced the carpet and underlayment, and replaced the base boards. Now the tenant who lives in basement is demanding a mold inspection. The house is only 3 bedrooms, but 4 people live in it and basement is NOT technically considered bedroom.

I am under any obligation to provide a mold inspection? I feel like I've already remediated the problem and I have no reason to believe there is any mold damage or that the basement is uninhabitable. There is no visible mold. To be honest, I may normally would be willing to provide the report but the requests of this tenant never seems to end. The tenant is really pushy and self righteous - now threatening to sue because I will not order a mold inspection.

The lease they signed is not covered under VRLTA but this does apply: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-225.6

Thanks

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J ScottPro Member
Moderator
Investor · Sarasota, FL · Member since 2008 · 18k+ posts · 17k+ votes
13y

I'm not an attorney, so take this for what it's worth...

If there was flooding in the basement that was the result of something that wasn't the fault of the occupants (in other words, it was a maintenance issue that you were responsible for fixing), it's not unreasonable for the tenants to ask for a mold test. Had there been no flood, this would be an unreasonable request, but water breeds mold and there is no argument that there was recent water intrusion. So, in my opinion, the request is reasonable, especially if someone is legally living in the basement.

A single air quality test shouldn't be more than $250 -- shop around if you're getting quotes more than that.

If the test comes back negative, tell the tenants that you consider the water issue over and done with, and hopefully they'll be satisfied. If the test comes back indicating high spore counts, you should gladly remediate the problem and retest to verify that the remediation worked.

Not only does this seem like the legally prudent road to follow, it also seems like the right thing to do as a landlord/businessman.

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  • John Atkins
    Raleigh, NC · Member since 2014 · 1 post · 0 votes
    12y

    If the house has mold damage Raleigh NC, you can usually get it removed for fairly cheap. The mold testing does says how much mold, and of what kind. You can usually get it taken care of fairly fast. I would recommend have it taken care of before the tenant threatens legal. I don't think they have a case, but you can never be too sure.

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  • Marcia Maynard
    Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    12y

    At the start of tenancy did you and the tenant sign a disclosure on mold and moisture hazards?

    Did you give the tenant the EPA booklet "A Brief Guide To Mold, Moisture, and Your Home"? The booklet is an excellent resource and costs only 50 cents a copy. I give a copy to every tenant. A pdf of the booklet is available on line for free. Check it out. Also available in Spanish.

    You have responsibility to provide a habitable dwelling. The tenant has responsibility to take action to prevent mold and mildew. Also to clean on a regular basis.

    In Washington State, at the time the lease is signed, the landlord must provide the tenant with information provided or approved by the department of health about the health hazards associated with exposure to indoor mold. (see RCW §?59.18.060). That's law in Washington State. Any similar requirement in your state?

    The Washington State Department of Health publishes a free two page form "Got Mold? Frequently Asked Questions About Mold" with signature/date lines for Landlord and Tenant. Quite informative and gives instructions on clean up. It's not state specific, so you may find it helpful.

    All of our rental agreements include this Mold Warning Statement: "Mold may grow and exist in any structure where there is, or ever has been, a presence of moisture and a food source for mold to grow. Its presence may exist without the knowledge of the structure owner and may be concealed from the untrained observer. Some varieties of mold are toxic and may cause adverse reactions in certain individuals." With our signature, we attest that we have no knowledge of mold or moisture hazards in the unit. If there were, then we would have to disclose what we know.

    You can be proactive from the get go and you must do what you can to prevent and remediate mold in your units. Good luck!

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